K.Satheeshkumar vs State Of Kerala
2026 Latest Caselaw 408 Ker

Kerala High Court

K.Satheeshkumar vs State Of Kerala on 15 January, 2026

                                                            2026:KER:3190

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947

                        WP(C) NO. 18486 OF 2019

PETITIONER:
           K.SATHEESHKUMAR
           AGED 59 YEARS
           S/O.SRI.K.KUMARAPILLAI, DEPUTY DIRECTOR (RTD),
           KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
           KHADI GRAMA SOUBHAGYA, VANCHIYOOR, TRIVANDRUM.
           RESIDING AT KUMARA BHAVAN, MALAYINKEEZHU,
           MALAYINKEEZHU.P.O., TRIVANDRUM DIST -695571

            BY ADVS.
            SMT.RESHMA E.
            SMT.ATHEENA ANTONY
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHPAURAM-695001
     2     THE SECRETARY
           KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
           VANCHIYOOR.P.O., THIRUVANANTHAPURAM-695035
     3     K.S.PRADEEP KUMAR,
           AGED 53 YEARS
           S/O.KUMARA PILLAI, DIRECTOR(ADMINISTRATION),
           KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR,
           TRIVANDRUM-695035
           BY ADV SHRI.N.RAJAGOPALAN NAIR
           SMT. SYLAJA-S.L, GP
     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.18486 of 2019                       2

                                                                       2026:KER:3190


                                      JUDGMENT

The petitioner was stated to be working as a Deputy

Director in the Kerala Khadi and Village Industries Board, who

retired from service on 31.05.2016 as a Deputy Director. The

petitioner's complaint in this writ petition is essentially that the

retirement benefits were not being disbursed by the

respondents.

2. Smt. Reshma E, the learned counsel for the

petitioner would point out that during the pendency of the writ

petition, the benefits were disbursed to the petitioner. However,

it is her contention that the delayed payment of retirement

benefits as above, requires to be compensated with interest.

She would also place reliance on the judgment of this Court in

W.P.(C).No.35693 of 2019 dated 26.09.2024, wherein, 7%

interest was extended in almost similar circumstances.

3. I have considered the afore contentions. If

there is delay in disbursal of the retirement benefits as pointed

out above, I am of the opinion that the petitioner would be

entitled for 7% interest as ordered by this Court in

W.P.(C).No.35693 of 2019.

2026:KER:3190

Therefore, this writ petition would stand disposed of

directing the respondent Khadi Board to disburse the interest at

the rate of 8% as regards the delayed payment of terminal

benefits to the petitioner, as expeditiously as possible, at any

rate, within a period of three months from the date of receipt of

a copy of this judgment. Needless to say that the entitlement

of the petitioner for interest would be with reference to the

expiry of two months from the date of retirement.

Sd/-

HARISANKAR V. MENON JUDGE ays

2026:KER:3190

APPENDIX OF WP(C) NO. 18486 OF 2019

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF PENSION PAYMENT ORDER EXHIBIT P2 A TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT BOARD BEFORE THE LOK AYUKTA IN COMPLAINT NO.517/2018D EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 01.02.2019 ISSUED BY THE INDUSTRIES DEPARTMENT EXHIBIT P4 A TRUE COPY OF THE INTIMATION LETTER DATED 20.07.2018 EXHIBIT P5 A TRUE COPY OF THE GOVERNMENT CIRCULAR DATED 21.06.2014 EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 19.11.2014 IN WP(C)NO.15201/2012 OF THIS HON'BLE COURT EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 01.12.2017 ADDRESSING TO THE ADVOCATE GENERAL OF KERALA EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 11.01.2019 SUBMITTED BEFORE THE VICE CHAIRMAN EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 19.08.2014 IN COMPLAINT NO.1109/2013C OF KERALA LOK AYUKTA EXHIBIT P10 A TRUE COPY OF THE JUDGMENT IN W.A No.1435/2015 DATED 25.11.2016 OF THIS HON'BLE COURT.

EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 17.09.2021

EXHIBIT P12 A TRUE COPY OF JUDGMENT DATED 31.01.2000 IN CIVIL APPEAL NO.689/2000 ARISING OUT OF

EXHIBIT P13 A TRUE COPY OF THE NLC DATED 16.10.2019 EXHIBIT P14 A TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL IN CILVIL APPEAL NO.33353/2014 DATED 19.01.2018 OF SUPREME COURT OF INDIA EXHIBIT P15 A TRUE COPY OF THE JUDGMENT IN W.P(C) No.15835/12 DATED 03.10.2019 OF THIS HON'BLE COURT.

EXHIBIT P16 A TRUE COPY OF THE PROCEEDINGS DATED 16.03.2019 OF THE 2nd RESPONDENT Exhibit P17 A TRUE COPY OF THE ORDER OF THE HONOURABLE LOKAYUKTA ALONG WITH THE PETITION

2026:KER:3190

RESPONDENTS' EXHIBITS:-

EXHIBIT R2A TRUE COPY OF CIRCULAR NO.64/2014, DATED 21.06.2014 OF THE FINANCE PENSION(B) DEPARTMENT.

EXHIBIT R2B TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

15603/2019.

EXHIBIT R2C TRUE COPY OF LETTER DATED 20-07-2018 ISSUED TO THE PETITIONER.

EXHIBIT R2D TRUE COPY OF THE POSTAL RECEIPT EXHIBIT R2E TRUE COPY OF THE COMPLAINT NO. 517/2018 BEFORE THE KERALA LOK AYUKTHA EXHIBIT R2F TRUE COPY OF AN AFFIDAVIT FILED BEFOFE THE KERALA LOK AYUKTHA ON 27.11.2021